P (a child) (dismissal of application – abusive applicant), Re
[2023] EWFC 86 (B)
The Mother v Jamie MacDougall & Anor
3 April 2023
[2023] EWHC 1175 (Fam)
Family Court
Dad can't see his son directly because he gets angry and upset too easily, causing problems for his son. He can send cards and letters instead for three years, and hopefully learn to be calmer.
Key Facts
- •Case concerns a child arrangements order and parental responsibility order application by the father, Mr. MacDougall, regarding his 4-year-old child, B.
- •Proceedings have been ongoing since September 2021.
- •Mr. MacDougall is unrepresented due to loss of legal aid.
- •Concerns exist regarding Mr. MacDougall's engagement with the court and his behaviour during previous contact arrangements.
- •B exhibited concerning behavioural issues at school, leading to exclusions.
- •Mr. MacDougall has a diagnosis of autism.
Legal Principles
Presumption of parental involvement in a child's life furthering their welfare (unless contrary shown)
Children Act 1989, Section 1(2A)
Orders under Section 91(14) of the Children Act 1989 impact Article 6 and Article 8 rights.
Children Act 1989, Section 91(14)
Outcomes
No direct contact between Mr. MacDougall and B.
Mr. MacDougall's inability to control his behaviour and its negative impact on B's wellbeing. Continued direct contact risks causing further distress and harm to B.
Indirect contact (cards/letters) 6 times a year via maternal grandmother.
To maintain some form of contact while protecting B's wellbeing.
Section 91(14) order for 3 years.
To provide a period of stability for B, allowing him to settle at school and addressing behavioural issues, as well as allowing Mr. MacDougall time to work on his communication skills.
Child Arrangements Order continued with B living with the Mother.
In B's best interests given the circumstances.
Non-molestation order continued for 3 years.
To protect the mother.
No order on Mr. MacDougall's enforcement application.
Given the contact order decision.